Jersey Judgment

Att. Gen. v Gallichan [1982] JLR 249 (06 December 1982)

Criminal Law Criminal Procedure Bail Remand Probation Order Sentencing Powers

Citation: [1982] JLR 249
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Appeal

More details

Posture: Criminal / Appeal

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

A magistrate lacks the authority to remand a defendant to a higher court for sentencing when a probation order is breached.

Court disposition

appeal dismissed

Orders

Magistrate has no power to remand to higher court for sentencing on breach of probation order

Material facts

Parties

Attorney General

Applicant

Gallichan

Respondent

Procedural history

Posture

Criminal / Appeal

Questions and positions

Legal issues

Whether a magistrate has the power to remand a defendant to a higher court for sentencing upon breach of a probation order

Party arguments

Applicant: The magistrate has the authority to remand the defendant to a higher court for sentencing upon breach of probation.
Respondent: The magistrate does not have the power to remand to a higher court for sentencing upon breach of probation.

Court’s reasoning

Legal principles

01
[1982] JLR 249

A magistrate has no power on breach of a probation order to remand to a higher court for sentencing.

Ratio, limits and disposition

Ratio decidendi

A magistrate lacks the authority to remand a defendant to a higher court for sentencing when a probation order is breached.

Court disposition

appeal dismissed

Magistrate has no power to remand to higher court for sentencing on breach of probation order

Source and reliance status

Official court record

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[1982] JLR 249

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

DONATE ] Jersey Law Reports You are here:

BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Gallichan [1982] JLR 249 (06 December 1982) URL: https://www.bailii.org/je/cases/JLR/1982/JLR820249.html Cite as: [1982] JLR 249 [ New search ] [ Help ] Att. Gen. v Gallichan 1982 JLR 249 (06 December 1982) Criminal Procedure-bail-remand for sentence-magistrate has no power on breach of probation order to remand to higher court for sentencing The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1982 JLR 249 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1982/JLR820249.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.